Delhi High Court
Om Parkash vs Kalu Ram on 15 February, 2010
Author: J.R. Midha
58
*IN THE HIGH COURT OF DELHI AT NEW DELHI
+ FAO No.204/2000
Date of Decision: 15th February, 2010
%
OM PARKASH ..... Appellant
Through : Mr. S.N. Parashar, Adv.
versus
KALU RAM ..... Respondent
Through : Mr. D.K. Sharma, Adv.
CORAM :-
THE HON'BLE MR. JUSTICE J.R. MIDHA
1. Whether Reporters of Local papers may YES
be allowed to see the Judgment?
2. To be referred to the Reporter or not? YES
3. Whether the judgment should be YES
reported in the Digest?
JUDGMENT (Oral)
1. The appellant has challenged the award of the learned
Tribunal whereby compensation of Rs.67,500/- has been
awarded to the appellant. The appellant seeks enhancement
of the award amount.
2. The accident dated 6th September, 1982 resulted in
grievous injuries to the appellant. The appellant‟s left leg
was crushed under the truck which resulted in amputation of
left leg below knee. The percentage of permanent disability
of the appellant has been assessed to be 50% vide certificate
Ex.PW1/24.
3. The learned Tribunal has awarded Rs.5,000/- towards
expenses on treatment, Rs.2,500/- towards expenses on
special diet, Rs.5,000/- towards conveyance, Rs.5,000/-
towards pain and agony and Rs.50,000/- towards permanent
disability. The total compensation awarded is Rs.67,500/-.
4. The learned counsel for the appellant has urged the
following grounds at the time of hearing of this appeal:-
(i) The compensation be awarded for loss of earning
capacity.
(ii) The compensation for pain and suffering be
enhanced.
(iii) The compensation be awarded for disfiguration
and loss of amenities of life.
(iv) The compensation be awarded for fixation of
artificial limb.
5. The appellant has suffered permanent disability of 50%.
The minimum wages at the time of the accident were
Rs.345/- per month. It is well settled by catena of judgments
of this Court in the cases of Kanwar Devi vs. Bansal
Roadways, 2008 ACJ 2182, National Insurance
Company Limited vs. Renu Devi III (2008) ACC 134 and
UPSRTC vs. Munni Devi, MAC.APP.No.310/2007 decided
on 28.07.2008 that the Court should take judicial notice of
increase in minimum wages to meet the increase in price
index and inflation rate. The Court has taken the view that
the minimum wages get doubled over the period of 10 years
and increase in minimum wages is not akin to future
prospects. Following the aforesaid judgments, the average
of minimum wages and its double is taken which comes to
Rs.517.50 [(Rs.345 + Rs.690)/2].
6. The appellant was aged 20 years at the time of the
accident. Applying the multiplier of 18 and taking the loss of
earning capacity to be 50%, the loss of earning capacity is
computed to be Rs.55,890/- (Rs.517.50 x 12 x 18 x 50%).
The compensation for loss of earning capacity is enhanced
from Rs.50,000/- to Rs.55,890/-.
7. The learned Tribunal has not awarded any
compensation for fixation of artificial limb. The appellant is
present in Court and he submits that he has changed the
artificial limb number of times. However, no bills of purchase
of artificial limb have been placed on record. In the facts and
circumstances of this case, Rs.25,000/- is awarded to the
appellant towards fixation of the artificial limbs.
8. The learned Tribunal has awarded Rs.5,000/- for pain
and agony. However, no compensation has been awarded
for disfiguration and loss of amenities of life.
9. The learned counsel refers to and relies upon the
judgment of this Court in the case of Oriental Insurance
Co. Ltd. vs. Vijay Kumar Mittal (2008) ACJ 1300, where
this Court examined all the previous judgments with respect
to the non-pecuniary compensation awarded in the cases of
permanent disability and held that the Courts have been
awarding about Rs.3,00,000/- under the heads of non-
pecuniary damages for amputation of leg with permanent
disability of 50% and above. The findings of this Court are
reproduced hereinunder:-
"17. From the aforenoted judicial
decisions, a trend which emerges is that
between the years 1985 and 1990, the
courts have been awarding about
Rs.3,00,000/- under the head „non-
pecuniary damages‟ for amputation of leg
resulting in permanent disability of 50 per
cent and above."
10. Considering that this case relates to 1982 and the
appellant shall be getting sufficient interest, the non-
pecuniary compensation for pain and agony, disfiguration
and loss of amenities of life is computed to be Rs.1,00,000/-
as per the break-up given hereunder:-
(i) Compensation for - Rs.35,000/-
pain and agony
(ii) Compensation for loss - Rs.35,000/-
of amenities of life
(iii) Compensation for - Rs.30,000/-
disfiguration
11. The appellant is entitled to total compensation of
Rs.1,93,390/- (Rs.5,000/- for medical expenses + Rs.2,500/-
for special diet + Rs.5,000/- for conveyance + Rs.25,000/- for
fixation of artificial limb + Rs.55,890/- for loss of earning
capacity + Rs.35,000/- for pain and agony + Rs.35,000/- for
loss of amenities of life + Rs.30,000/- for disfiguration).
12. The appeal is allowed and the award amount is
enhanced from Rs.67,500/- to Rs.1,93,390/-. The learned
Tribunal has awarded interest @ 12% per annum which is not
disturbed on the original award amount of Rs.67,500/-.
However, on the enhanced award amount, the rate of
interest shall be @7.5% per annum from the date of filing of
the petition till realization.
13. The enhanced award amount along with interest be
deposited by respondent No.3 with UCO Bank A/c Om
Prakash, Delhi High Court Branch through Mr. M.M. Tandon,
Member-Retail Team, UCO Bank Zonal, Parliament Street,
New Delhi (Mobile No. 09310356400) within 30 days.
14. The order with respect to the disbursement of the
award amount shall be passed after examining the appellant.
15. List for appearance of the appellant on 19th April, 2010.
16. Copy of this order be given „Dasti‟ to learned counsel
for both the parties under signature of Court Master.
J.R. MIDHA, J
FEBRUARY 15, 2010
mk
